The commercial use of music in Germany is subject to strict legal regulations that can pose considerable challenges for companies. Checking music for GEMA is therefore an essential step for any business that wants to operate in a legally compliant and cost-efficient manner. While many business owners underestimate the complexity of GEMA regulations, unchecked music usage and lack of licensing can lead to costly additional claims.
What does it mean to check music for GEMA?
The examination of music for GEMA liability is a systematic process for determining whether a particular musical work is subject to the copyright provisions of GEMA (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte). This check is decisive for the costs incurred by a company.
The GEMA repertoire search as a basis
GEMA provides companies with various tools to clarify the legal situation of individual musical works. The official GEMA repertoire search allows you to search for specific titles, composers or performers. Important information such as work title, author, publisher and GEMA work number are displayed.
However, it is important to note that the data displayed is only an extract from the GEMA database and does not provide any binding information on the current protection status. For legally binding information, a written enquiry to GEMA is required, which must be answered in accordance with Section 10 of the German Rights Administration Act (WahrnG). Above all, this requires time and patience.
Challenges during the music exam
The practical implementation of the music review is often more complex for companies than expected. Many pieces of music are available in different versions, and it is not always clear whether a particular recording or arrangement is subject to GEMA. The different legal situations in different countries can lead to confusion, especially with international titles. In any case, the following applies: Without proof to the contrary, the courts assume in GEMA's favour that titles are subject to GEMA and fees are due.
GEMA-free music as an alternative
GEMA-free music refers to compositions for which no rights are administered by GEMA. There can be various reasons for this: The author is not a GEMA member, manages their rights themselves or has declared an objection to the collective management of rights in accordance with Section 51 of the German Collecting Societies Act (VGG).
Important note on GEMA-free music
A widespread misconception is that GEMA-free means free of charge. In fact, the rights of use must still be acquired directly from the composer, their representative or via specialised platforms. The decisive advantage lies in the usually significantly lower GEMA fees compared to music subject to GEMA.
sonicsense for example, offers companies over 30 GEMA-free, individually combinable premium channels with thousands of tracks by international artists. These professionally curated programmes enable companies to save up to 100 percent on their GEMA costs while benefiting from continuous updates and technical features.
Legal developments in AI-generated music
The legal assessment of AI-generated music is a particularly topical issue. Many providers advertise AI music as a GEMA-free alternative, but the legal situation is anything but clear. GEMA has tightened its position to the effect that AI-generated content may also be subject to GEMA if copyright-protected works were used as the basis for its creation.
Risks with AI music
Collecting societies and authors are increasingly demanding access to the training process of AI music platforms in order to check whether the generated works are actually licence-free. If it turns out that these systems use protected works as a basis, this could lead to considerable retroactive additional claims.
There is therefore a high financial risk for companies that use AI-generated music. Additional claims in the six-figure range per year cannot be ruled out for larger companies if the legal assessment changes.
Practical steps for the GEMA audit
- Systematic inventory
Companies should first carry out a complete inventory of their music usage. This includes all areas where music is used: sales rooms, waiting areas, telephone waiting loops, events and online presences.
- Use of the GEMA repertoire search
Each title used should be checked in the GEMA repertoire search. It should be noted that different spellings and versions of a title may have different legal situations.
- Documentation and verification
Complete documentation of all music works used is essential. sonicsense has over 37 years of experience in helping companies to create GEMA-compliant documentation and submit it for audits by GEMA. This detailed documentation can significantly reduce GEMA fees.
- Professional advice
The complexity of GEMA regulations often makes professional advice indispensable. Here too sonicsense offers support in the form of comprehensive GEMA advice and, on request, can take over all communication with the collecting society.
Cost optimisation through strategic music selection
An intelligent strategy for reducing costs lies in the combination of music subject to GEMA and GEMA-free music. Companies can use different music sources for different areas: High-quality music subject to GEMA in main sales areas and low-cost GEMA-free alternatives in secondary areas.
Zoning and targeted sound reinforcement
Modern sound systems enable this precise zoning of music playback. Targeted sound reinforcement in relevant areas can significantly reduce GEMA costs without negatively impacting customer perception.
sonicsense as a partner for legally compliant music use
sonicsense is an expert in legally compliant music solutions for companies and offers comprehensive services for GEMA auditing and optimisation. With over 37 years of experience in the field of music licences, the company takes care of every conceivable form, registration and deadline monitoring task.
Comprehensive GEMA service
The GEMA service includes:
- GEMA contract check and licence optimisation
- Transaction of the entire communication with the collecting society
- Administration of all GEMA matters
- Negotiation of optimal conditions for receivables
- Special discounts on all tariffs, if applicable
Premium GEMA-free channels
The premium channels are a high-quality alternative to GEMA-licensed music. These channels contain original tracks by international artists that have been directly licensed and are in no way inferior in quality to the GEMA-licensed channels.
Technical solutions for efficient music management
Modern music systems such as sonicPRO and sonicEASY offer automated solutions for music management. These systems make it possible to manage different music sources on a time-controlled and zone-specific basis without employees having to worry about daily music programming.
Remote control and monitoring
About sonicRemote companies can control and monitor their music systems from anywhere in the world. This enables flexible adaptation of music programming to current requirements and visitor flows.
Industry-specific requirements
In the Retail and in the Gastronomy music plays a central role in the customer atmosphere. The GEMA check is particularly important here, as different areas may have different licence requirements.
Fitness and wellness
The Fitness industry faces particular challenges, as high-energy music is often used in group courses. GEMA fees can therefore be particularly high, which is why careful examination and optimisation is essential.
Frequently asked questions about the GEMA audit
How can I find out whether a piece of music is subject to GEMA?
The first port of call is the official GEMA repertoire search. However, a written enquiry to GEMA is required for binding information. sonicsense carries out this check for its customers and provides the relevant evidence. This not only saves time but also nerves.
What happens if I use music subject to GEMA without a licence?
The use of music subject to GEMA without a corresponding licence can lead to considerable additional claims and legal consequences. GEMA carries out regular checks and can demand retroactive fees for several years.
Is GEMA-free music of poorer quality?
No, high-quality GEMA-free music is in no way inferior in quality to music subject to GEMA. sonicsense works with international artists and offers professionally curated premium channels that meet the highest quality standards.
How high are the savings from GEMA-free music?
Companies can save up to 100 per cent of their GEMA costs by using GEMA-free music. The exact saving depends on the individual usage situation and the chosen alternative.
Can I combine different music sources?
Yes, combining different music sources is possible and often makes sense. sonicsense offers flexible solutions that make it possible to combine music subject to GEMA and GEMA-free music depending on the sector and requirements.
Conclusion: Legal certainty through professional GEMA auditing
Checking whether music is subject to GEMA is a complex but essential process for any company that uses music commercially. With a systematic approach, professional advice and the use of suitable alternatives, considerable cost savings can be achieved without compromising the quality of the sound reinforcement.
sonicsense as an experienced partner, offers its customers comprehensive solutions for legally compliant and cost-efficient music utilisation. Become a customer now and save time -> Contact
